City of Fargo v. Egeberg

20000027

City of Fargo, Plaintiff and Appellee
v.
Duane Eddie Egeberg, Defendant and Appellant

Appeal from:

District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger

Nature of Action:

Counsel:

Appellant:		Zenas Baer Law Office
Appellee:		Timothy Michael O'Keeffe , City Prosecutor

Term:

06/2000 Argument: 06/26/2000 01:30pm

ND cite:

2000 ND 159

NW cite:

615 N.W.2d 542

Issues:

Appellant's Statement of the Issues:
I. Whether the state lacked probable cause to investigate Duane Egeberg for the offense of driving under the influence.
Ii. Whether the evidence gathered by Officer Orth was the result of an illegal search and seizure and must be suppressed.
Iii. Whether any statements made by Duane Egeberg must be suppressed due to a lack of Miranda warning.

Appellee's Statement of the Issues:
I. Whether the police officer's stop was supported by a reasonable and articulable suspicion when the officer was initially investigating the Defendant on a report of disorderly conduct.
II. Whether the court erred when it denied the Defendant's Motion to Suppress Evidence based on an illegal search and seizure.
III. Whether the court erred in denying the Defendant's Motion to Suppress Statements Made by the Defendant in Violation of Miranda.

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Docket entries:

1	02/02/2000	NOTICE OF APPEAL: 01/31/2000
2	02/02/2000	ORDER FOR TRANSCRIPT (Gail Wells): 01/31/2000
3	02/14/2000	TRANSCRIPT DATED 1-21-00
4	02/15/2000	DISK - TRA dated 1-21-00
5	03/01/2000	RETENTION OF RECORD ON APPEAL (Joan M. Utter): 03/21/2000
6	03/16/2000	TRANSCRIPT DATED 1-11-00 (Motion to Dismiss)
7	03/20/2000	DISK - TRA dated 1-11-00
8	03/20/2000	RECORD ON APPEAL, w/exception of Clerk's Cert. Nos. 25, 30, 31, & 35 (Tapes), which were retained
9	04/25/2000	APPELLANT BRIEF
10	04/25/2000	APPELLANT APPENDIX
11	04/26/2000	DISK - ATB
12	05/30/2000	APPELLEE BRIEF
13	05/31/2000	DISK - AEB
14	06/26/2000	APPEARANCES: Zenas Baer; Timothy M. O'Keeffe
15	06/26/2000	ARGUED: Baer; O'Keeffe (Vol. X; page 44)
16	08/18/2000	DISPOSITION: AFFIRMED
17	08/18/2000	UNANIMOUS OPINION: Sandstrom, Dale V.
18	08/21/2000	Order/Judgment Mailed to Parties
19	08/30/2000	PETITION FOR REHEARING
20	08/30/2000	Appendix to Appellant's Petition for Rehearing
21	08/31/2000	DISK - PER
22	09/13/2000	ACTION BY SUPREME COURT (PER). Denied
23	09/27/2000	MANDATE
24	09/28/2000	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
25	05/03/2000	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/20/2009